High CourtsSingle Bench(2023) 01 KL CK 0275

Pranubabu.M vs District Police Chief Office Of The Commissioner Of Police Kannur City, Talap, Kannur District 670002

High Court Of Kerala · Decided on 31 January 2023

HON’BLE JUDGES
N.Nagaresh, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 3022 Of 2023

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Judgment

7 paragraphs · 334 words

N.Nagaresh, J

1.

The petitioners are the Secretary and the President of Venduttayi Kaitheri Puthiyedath Kandakarnakshethra Samrakshana Samithi. The Thira Maholsavam of the Temple is scheduled to be held on 30.01.2023 to 02.02.2023.

2.

The petitioners state that different programs on the stage as well as within the Temple premises are arranged. The petitioners also propose to hold the ceremonial procession, which is to commence at 6 p.m. on 01.02.2023.

3.

The petitioners apprehend that there may be obstructions to the ceremonies in the Temple by miscreants and unless effective and adequate police protection is provided to the petitioners to conduct the festival, the petitioners will be put to difficulties.

4.

Government Pleader, on instructions, submitted that the petitioners are not entitled to invoke writ jurisdiction of this Court under Article 226 of the Constitution of India seeking police protection for the reason that one of the petitioners is accused in as many as ten crimes including for offence under Section 302 of the Indian Penal Code. The Government Pleader submitted that skirmishes are frequent during festival time in this Temple and there is a likelihood of law and order problems. Grant of permission for conducting procession is likely to cause law and order problem in the area. The respondents have not so far granted permission for conducting procession.

5.

Be that as it may, since it is an annual festival of the Temple where large number of devotees are likely to gather, the respondents are bound to see that law and order is maintained in the area and will have to depute sufficient force to ensure the same. As far as the question of procession is concerned, such procession indeed requires prior approval by the police authorities and it is for the police authorities to permit or deny the permission for the procession.

In the circumstances, the writ petition is disposed of directing the respondents to extend adequate police force for maintaining law and order within the Temple premises during the Temple Festival.